The Reasons Auto Accident Settlement Is Everywhere This Year
Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you might need to sue the other driver in a small claims court. Before taking this step, you should consult with an experienced attorney for accidents.
The insurance company of the other side will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage, and other losses, such as pain and suffering. The process usually involves the following steps.
Gathering Information
If you're able to do this at the scene of the collision while it is safe you should take photos of all vehicles involved in the accident including the damage and any injuries that were sustained. These photos can be used to verify that the accident occurred in the manner you described. Also, take pictures of the scene including any skid marks or other debris that are present.
It is also crucial to obtain the names, addresses and phone numbers of eyewitnesses if possible. They may be able to testify later as to how the accident occurred and who was at fault. In some instances, eyewitness testimony is the most valuable evidence in the course of a lawsuit.
Note down the insurance information of all the parties involved. You'll need the name of the insurance company as well as the policy number and the contact information along with the license plate number and driver's name. This information should be gathered as soon as you can to avoid any doubts or disputes later.
Documentation of medical treatment and expenses could be useful to the claimant as well. Maintaining receipts for prescription painkillers and other expenses related to the crash could be helpful in proving the damages claimed in the claim. If you are in a position of being unable to work because of your injuries, it is important to keep track of your lost wages.
Filing the Claim
It is recommended that you make a claim as soon after the accident as possible if you can. This will allow the insurance company to review your documents and get started. It will also ensure that your claim meets the deadlines set by New York law.
You'll need to provide details regarding the incident including any injuries you suffered. The information you provide will be used to calculate your damages, which could include compensation for medical bills, lost wages, property damage, and the pain and suffering.
The insurance company may also need to determine fault, in the event of a need. It can be helpful to have the final police report available to assist in this. However, it is important to remember that determining fault is not always easy. In some instances even if you believe the accident was your fault, other factors might have contributed to the accident. New York, for example, is a state that has a comparative negligence system, which means that the amount of damages you incur is reduced by the percentage of your fault.
The insurance company will assign an adjuster for cases. It's recommended to have your lawyer with you while you speak with the adjuster. They can provide a neutral perspective and help you to negotiate a fair settlement. If you are unable to reach a satisfactory settlement, it could be necessary to go to trial to secure the compensation you're entitled to.
Inspecting the damage
The insurance company will visit the scene of the accident to examine the scene for themselves. They'll likely interview you and other people who were involved in the collision and talk to witnesses and look over your vehicle. They will also look over your medical records, expenses and lost wages in order to get a clearer picture of the impact that the accident had on you.
While you are waiting for the police to arrive, snap photos with your mobile phone. This will allow you to record skid marks, the locations of both cars and their degree of damage, as well as the presence of any obstructions.
In this instance you should exchange insurance and contact information with other drivers involved in the accident, if it is safe to do so. Note down the names, addresses, phone number, insurance company's policy number, and driver's licence information of each driver. Also note the car's model the year, make and license plate number.
In the midst of a situation, it might be tempting to blame the other driver. However, auto accident lawsuit santa monica can backfire. Be calm and don't admit fault or guilt. If possible, it's good idea also to collect the names and telephone numbers of any witnesses who witnessed the collision.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially when you're facing costs for medical expenses and lost wages. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to manage all negotiations with the insurance company on your behalf. An attorney will have a greater understanding of the law and the best way to calculate your total damages and losses, and what to expect from an insurance company in settlement negotiations.
The first step in the settlement process is to write a demand letter that includes your request for the amount you need to pay for your injuries and expenses. Your attorney can help to compile this information and include any other relevant documentation that supports your request. If you sent photos of your vehicle or injuries that were particularly severe to the insurance adjuster, your lawyer will include them in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages that are based upon the mental and emotional anxiety you've experienced as a result of the accident.
Insurance companies will consider your claim more seriously if you hire an attorney to negotiate an agreement on behalf of you. They will also offer a better settlement. If the insurance company refuses to provide an equitable settlement, your lawyer will bring a lawsuit and fight for you in court.